The Patna High Court disposed of an anticipatory bail application in a PC case, directing the petitioner to surrender within four weeks to seek regular bail, noting other accused were acquitted and the petitioner was a minor.
Direction to surrender within four weeks to apply for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41109 of 2017
Arising Out of PS.Case No. -154 Year- 1997 Thana -KASBA District- PURNIA
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Mohammad Mazhar Raza @ Mazhar, son of Mohammad Iliyas Ahmad, r/o Ward No.8, Kayami, Kasba, Sadhauli, P.S. Kasba, Distt. Purnea.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 11-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kasba P.S. Case No. 154 of 1997 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that the petitioner at the time of occurrence was aged about 7 years which would be apparent from First Information Report also. The other three accused persons have faced trial and acquitted vide Sessions Trial No. 167 of 2002. It has further been submitted that there is no allegation against the petitioner in the First Information Report.
The Sessions Judge has mentioned in the impugned order that this petitioner is absconding since 18.06.1997.
In such circumstances the application is disposed off
Patna High Court Cr.Misc. No.41109 of 2017 (4) dt.11-09-2017
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with a direction to the petitioner to surrender before the court below within a period of four weeks from the date of receipt of this order and make prayer for regular bail which shall be disposed off by the court below on the same day in accordance with law without being prejudiced by this order after considering the facts that other accused have been acquitted by Sessions Trial No. 167 2002 and petitioner was aged about seven years at the time of occurrence.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether to entertain an anticipatory bail application in a case where other accused have been acquitted.
Whether to issue a direction for the petitioner to surrender for consideration of bail.
2 provisions across 2 enactments
Mohammad Mazhar Raza @ Mazhar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
